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Federal appeals court upholds U.S. ban of TikTok

MacDailyNews

Dec 6

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A panel of three federal Appeals Court judges have ruled that TikTok can be banned in the United States due to national security concerns. The court upheld a federal law that mandates TikTok to divest its Chinese ownership to remain operational in the country. The court’s decision emphasizes Congress’s authority to take measures to safeguard American interests.

Jacob Gershman for The Wall Street Journal:
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The ruling rejected a First Amendment challenge brought by the app and several of its star users, who argued the ban was an unconstitutional infringement on free speech.
The sell-or-ban law passed with bipartisan support after lawmakers received classified briefings from the intelligence community about China’s ability to use TikTok to surveil Americans and spread Chinese propaganda.

In the court’s majority opinion, the justices wrote, “We recognize that this decision has significant implications for TikTok and its users.” If the platform does not divest, the court said it “will effectively be unavailable in the United States, at least for a time… Consequently, TikTok’s millions of users will need to find alternative media of communication.”
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MacDailyNews Note: President Trump can grant a 90-day extension “based upon progress” toward the divestiture order, the opinion said. During his 2024 campaign, Trump said he would “save TikTok” if elected, but his Cabinet picks are deeply divided over banning TikTok, throwing the app’s future into question.

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